GREEN BAY, WI (WTAQ-WLUK) – Although the city of Neenah had agreed not to enforce a controversial sign ordinance – due to controversy on the future of Shattuck Middle School – a judge has formally ordered the city not to enforce the ordinance.
The proposed sale of the former Shattuck Middle School into residential apartments and other living spaces has been opposed by some neighbors. Yard signs opposing the redevelopment reading “Don’t Rezone Shattuck Middle School Leave R1 Alone” have been posted by some people. The city issued notices, demanding the signs be removed by Feb. 8. Timothy and Megan Florek, with the help of the Wisconsin Institute for Law and Liberty, filed suit in federal court, seeking to have the ordinance overturned.
The City of Neenah voluntarily stopped enforcement of the ordinance in February, while the federal lawsuit about the code continues.
Both sides have submitted their written arguments to federal Judge William Griesbach. And while he hasn’t made a final ruling on the case, he granted a preliminary injunction against the city Thursday.
“In First Amendment free speech cases such as this one, a plaintiff who is likely to succeed on the merits of his claim will normally be entitled to a preliminary injunction Indeed, Defendants have not challenged Plaintiffs’ assertion that they have no adequate remedy at law, they will suffer irreparable harm if preliminary relief is denied, and the balance of harms weighs in favor of granting the preliminary injunction here. The court finds that Plaintiffs have carried their burden to obtain a preliminary injunction,” the judge wrote.
Tim Florek praised the ruling.
“The City’s sign ordinance is unconstitutional, and we are grateful the Court has stepped in to protect our rights while this case moves forward. This is a good day for freedom and the rule of law,” he said in a statement.
The matter is the subject of ongoing litigation and the city has no comment at this time.
The court is expected to schedule a phone conference with the parties to determine the next steps in the case.
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